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STATE v. SUPERIOR COURT, ETC.

No. 2 CA-CIV 3499.

125 Ariz. 370 (1980)

609 P.2d 1070

STATE of Arizona, Petitioner, v. SUPERIOR COURT of the State of Arizona, IN AND FOR the COUNTY OF PIMA, and the Honorable Jack T. Arnold, Judge of the Superior Court, Division XV, Respondents, and Mrs. Jose Peralta Rios, Real Party In Interest.

Court of Appeals of Arizona, Division 2.

Rehearing Denied March 26, 1980.

Review Denied April 22, 1980.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty., by John E. Davis, Tucson, for petitioner.

Hirsh & Bayles by Robert J. Hirsh, Tucson, for real party in interest.

OPINION

HOWARD, Judge.

The state has brought this special action challenging the respondent court's quashing of a subpoena directing the real party in interest to appear and testify before the Pima County grand jury. Because the state is without a remedy by appeal, and because we believe the court acted in excess of its jurisdiction, we assume jurisdiction and grant relief.

The facts giving rise to the special action are as follows. In September 1979...

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